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Planning Board to hold April 21 hearing on select board’s marijuana prohibition; members warn voters could be confused by sequencing
Summary
The Planning Board will host a public hearing on April 21 about a select board–sponsored marijuana prohibition zoning bylaw; members discussed the legal requirement for a public hearing, the need for clear sequencing with the ballot question, and options for an explanatory handout for town meeting.
The West Newbury Planning Board will hold a public hearing April 21 on a select board–sponsored marijuana prohibition zoning bylaw after staff discovered the proposal requires a public hearing because it is zoning.
Anne (chair) told members the select board’s legal notice was posted and that the select board will present the bylaw and answer questions at the Planning Board hearing. “Since it’s a zoning bylaw, the planning board is holding the hearing, but it’s really a select board initiative,” she said.
Board members warned that the proposal’s required path — a town meeting vote plus a separate ballot referendum — and the order of warrant articles could confuse voters. “It will be critical to sequencing,” said Chris Wile, a select board member who joined the meeting, noting the proposal must pass both at town meeting and at the ballot to prohibit establishments. “If it failed at either one then it becomes critical that the regulation that you guys are proposing passes,” he said.
Members discussed preparing a one-page handout and plain-language remarks for town meeting so voters understand the relationship between a town-meeting vote on a zoning overlay and a separate ballot question. One draft explained the town’s obligation since the 2016 statewide ballot question and the difference between state default rules and locally adopted zoning controls. Board members also noted local measurement differences proposed in the overlay language (measuring from parcel boundaries rather than entrance centers) and that the overlay proposes a 250-foot buffer versus a 500-foot default in state guidance.
No vote on the bylaw took place on April 7; the board will host the April 21 hearing (virtual) and expects select-board representatives to attend and explain the initiative. The board also plans to coordinate order-of-business strategy as warrant sequencing is finalized ahead of town meeting.
